R.D., A Child v. State of Florida

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that under Pegram, a state law medical malpractice action based on a “mixed” decision is not preempted by ERISA when the state law cause of action “challenges an allegedly flawed medical judgment as applied to a particular patient’s symptoms”
• affirming dismissal of misrepresentation claims that rested on an allegation that the defendant “had an obligation under the terms of the plan to provide benefits that it failed to provide” and thus “[sought] to vindicate rights accruing under the plan”
• “In the preemptive shadow of ERISA, no state cause of action can lie.”
• involving ERISA preemption of a private cause of action
• “We do not, however, draw any conclusion about the availability of a malpractice claim in these circumstances under New York law, or whether any of the elements of such a claim, if it exists, would be satisfied by the facts as alleged in this case.”

Source: CourtListener parenthetical corpus (CC0).